Chapter Four: Penalties
Article 29
Anyone using such means as debt bondage or another person’s inability, ignorance, or helplessness to make a person to engage in any sexual intercourse or lewd acts in exchange for any monetary or other considerations, shall be sentenced to imprisonment of not less than six(6) months but not more than five(5) years , and, in addition thereto, a fine of not more than three(3) million New Taiwan dollars (NT$3,000,000) may be imposed.
A person who commits the offense prescribed in the preceding paragraph for purpose of gain shall be sentenced to imprisonment for not less than one(1) year but not more than seven(7) years; and, in addition thereto, a fine of not more than five(5) million New Taiwan dollars (NT$5,000,000) may be imposed.
Any attempt to commit any of the crimes stated in the preceding two paragraphs is punishable.
Article 30
Anyone using such means as force, threat, intimidation, confinement, monitoring, drugs, fraud, hypnosis, or other similar means to make a person provide labor service, shall be sentenced to imprisonment for not more than five(5) years; and, in addition thereto, a fine of not more than three(3) million New Taiwan dollars (NT$3,000,000) may be imposed.
A person who commits the offense prescribed in the preceding paragraph for purpose of gain shall be sentenced to imprisonment for not less than one(1) year but not more than seven(7) years; and, in addition thereto, a fine of not more than five(5) million New Taiwan dollars (NT$5,000,000) may be imposed.
Any attempt to commit any of the crimes stated in the preceding two paragraphs is punishable.
Article 31
Anyone using such means as force, threat, intimidation, confinement, monitoring, drugs, fraud, hypnosis, or other similar means to subject another person to labor to which the pay is not commensurate with the work duty or committing acts that are criminally punishable under the laws of the Republic of China shall be sentenced to imprisonment for not less than one(1) year but not more than seven(7) years; and, in addition thereto, a fine of not more than five(5) million New Taiwan dollars (NT$5,000,000) may be imposed.
Anyone using such means as debt bondage, the abuse of another person’s inability, ignorance, helplessness or withholding important identity documents to subject him/her to labor to which the pay is not commensurate with the work duty or committing acts that are criminally punishable under the laws of the Republic of China, shall be sentenced to imprisonment for not more than three(3) years; and, in addition thereto, a fine of not more than one(1) million New Taiwan dollars (NT$1,000,000) may be imposed.
Anyone using a person under the age of eighteen (18) to subject him/her to labor to which the pay is not commensurate with the work duty or committing acts that are criminally punishable under the laws of the Republic of China, shall be sentenced to imprisonment for not less than one(1) year but not more than seven(7) years; and, in addition thereto, a fine of not more than five(5) million New Taiwan dollars (NT$5,000,000) may be imposed.
A person who commits the offense prescribed in the preceding 3 paragraphs for purpose of gain shall be punished in the following regulations:
1, Any person who commits the offense specified in paragraph 1 or the preceding paragraph, shall be sentenced to imprisonment for not less than three(3) year but not more than ten(10) years; and, in addition thereto, a fine of not more than seven(7) million New Taiwan dollars (NT$7,000,000) may be imposed.
2. Any person who commits the offense specified in paragraph 2, shall be sentenced to imprisonment for not less than one(1) year but not more than seven(7) years; and, in addition thereto, a fine of not more than five(5) million New Taiwan dollars (NT$5,000,000) may be imposed.
Any attempt to commit any of the crimes stated in the preceding four paragraphs is punishable.
Article 32
Anyone using such means as force, threat, intimidation, confinement, monitoring, drugs, fraud, hypnosis, or other similar means to harvest an organ from others, shall be sentenced to imprisonment for not less than seven(7) years; and, in addition thereto, a fine of not more than ten(10) million New Taiwan dollars (NT$10,000,000) may be imposed.
Anyone using such means as debt bondage or abusing another person’s inability, ignorance, or helplessness to subject him/her to organ harvesting, shall be sentenced to imprisonment ranging from five(5) to twelve(12) years, and may also be fined up to eight(8) million New Taiwan dollars (NT$8,000,000).
Anyone who harvests organs from a person under the age of 18, shall be sentenced to imprisonment for not less than seven(7) years; and, in addition thereto, a fine of not more than ten(10) million New Taiwan dollars (NT$10,000,000) may be imposed.
A person who commits the offense prescribed in the preceding 3 paragraphs for purpose of gain shall be punished in the following regulations:
1, Any person who commits the offense specified in paragraph 1 or the preceding paragraph, shall be sentenced to imprisonment for not less than ten(10) years; and, in addition thereto, a fine of not more than twelve(12) million New Taiwan dollars (NT$12,000,000) may be imposed.
2. Any person who commits the offense specified in paragraph 2, shall be sentenced to imprisonment for not less than seven(7) years; and, in addition thereto, a fine of not more than ten(10) million New Taiwan dollars (NT$10,000,000) may be imposed.
Any attempt to commit any of the crimes stated in the preceding four paragraphs is punishable.
Article 33
Anyone using such means as force, threat, intimidation, confinement, monitoring, drugs, hypnosis, fraud, debt bondage, the abuse of another person’s inability, ignorance, helplessness or other similar means to engage in the recruitment, trading, pledging, transportation, delivery, receipt, harboring, hiding, brokering, or accommodating others for the purpose of exploitation, shall be sentenced to imprisonment for not more than five(5) years; and, in addition thereto, a fine of not more than three(3) million New Taiwan dollars (NT$3,000,000) may be imposed.
Anyone engage in the recruitment, trading, pledging, transportation, delivery, receipt, harboring, hiding, brokering, or accommodating persons under the age of 18 for the purpose of exploitation, shall be sentenced to imprisonment for not more than seven(7) years; and, in addition thereto, a fine of not more than five(5) million New Taiwan dollars (NT$5,000,000) may be imposed.
Any attempt to commit any of the crimes stated in the preceding two paragraphs is punishable.
Article 34
Any person who commits the offense specified in Paragraph 1 of Article 29, Paragraph 1 of Article 30, Paragraph 2 of Article 31, or Paragraph 1 of Article 33 and consequently results in the death of the victim, shall be sentenced to life imprisonment or imprisonment for not less than seven(7) years and, in addition thereto, a fine of not more than ten(10) million New Taiwan dollars (NT$10,000,000) may be imposed; in the event that the offense results in serious injury to the victim, the offender shall be sentenced to imprisonment of not less than three(3) years but not more than ten(10) years, and, in addition thereto, a fine of not more than seven(7) million New Taiwan dollars (NT$7,000,000) may be imposed.
Any person who commits the offense specified in Paragraph 2 of Article 29, Paragraph 2 of Article 30, Paragraph 1, 3 or 4 of Article 31, or Paragraph 2 of Article 33 and consequently results in the death of the victim, shall be sentenced to life imprisonment or imprisonment for not less than ten(10) years, and, in addition thereto, a fine of not more than twelve(12) million New Taiwan dollars (NT$12,000,000) may be imposed; in the event that the offense results in serious injury to the victim, the offender shall be sentenced to imprisonment of not less than five(5) years but not more than twelve(12) years, and, in addition thereto, a fine of not more than eight(8) million New Taiwan dollars (NT$8,000,000) may be imposed.
Any person who commits the offense specified in Paragraph 1-4 of Article 32 and consequently results in the death of the victim, shall be sentenced to life imprisonment or imprisonment for not less than twelve(12) years and, in addition thereto, a fine of not more than fifteen(15) million New Taiwan dollars (NT$15,000,000) may be imposed; in the event that the offense results in serious injury to the victim, the offender shall be sentenced to imprisonment for not less than ten(10) years, and, in addition thereto, a fine of not more than twelve(12) million New Taiwan dollars (NT$12,000,000) may be imposed.
Article 35
Any civil servant, who covers up human trafficking crime, shall be sentenced in accordance with related provisions with respective penalties increased by half.
Article 36
Any offender of a human trafficking crime who voluntarily surrenders himself/herself, or confesses, during an investigation, and furthermore provides information leading to the discovery and arrest of another principal offender or accomplice, shall receive a reduction in penalties or be absolved of the offense.
Article 37
The Ministry of Justice shall transfer the proceeds confiscated from the convicted human traffickers in accordance with the laws and the collected value thereof as compensation to the central competent authorities for the subsidy of human trafficking victims.
The kinds of subsidies in the preceding paragraph, claiming criteria, payment amount and other binding regulations shall be developed by the central competent authority in consultation with the central related competent authority.
Those who meet the subsidies conditions under other regulations with similar nature shall not receive subsidies from both legal provisions.
Article 38
If the victim of human trafficking or his/her family member raises civil action or supplementary civil action along with the criminal procedure to request compensation from the human trafficker, may apply to the court for provisional attachment or provisional injunction to secure compulsory enforcement.
The application in the preceding paragraph may submit an identification notice as a statement to replace for provisional attachment or provisional injunction and be not required to furnish security. However, this does not apply to those cases that have no hope of winning the lawsuit.
Article 39
In the event that any broadcasting and television businesses violates the provisions of Article 20, Paragraph 1, the authority in charge of the industry shall impose a fine of not more than NT$600,000 but not less than NT$60,000 on the violating station and order it to make corrections within a specified period of time. Fines may be imposed for each violation in case the violating station fails to make corrections when the specified period expires.
Except for those specified in the preceding paragraph, in the event of violation of the provisions of Article 20, Paragraph 1, by promotional materials, publications, electronic signals, the Internet, or other media operators, the related competent authority, municipal or county/city competent authorities shall impose a fine of not more than NT$600,000 but not less than NT$60,000 on the person in charge, and may confiscate the items specified in the preceding paragraph or order them to remove the offending content, withdraw the items, or undertake other necessary measures within a specified period of time. Fines may be imposed for each violation in case of failure to comply with the orders when the specified period expires.
In the event of violation of the provisions of Article 20, Paragraph 3, without justifiable reasons, the central competent authority shall impose a fine of not more than NT$100,000 but not less than NT$20,000 on the person in charge, and may confiscate the items specified in the preceding paragraph or order them to remove the offending content, withdraw the items, or undertake other necessary measures within a specified period of time. Fines may be imposed for each violation in case of failure to comply with the orders within the prescribed period.
If there is no person in charge of promotional materials, publications, electronic signals, the Internet, or other media operators, or if the person in charge (of the said promotional material, the said publication, the said electronic signals source, the said Internet source, or the said other media operators) is not in a position to supervise the conduct of the responsible perpetrator, the fine prescribed in Paragraph 2 of this Article shall be imposed on the responsible perpetrator.
Anyone in violation of the confidentiality requirement prescribed in Paragraph 1 of Article 19 of this Act shall be subject to a fine from NT$30,000 to NT$300,000.
Article 40
Where any representative of a legal person, any manager or representative of an unincorporated association or any agent, employee, or staff member of a legal person, unincorporated association or natural person violates human trafficking crime in the course of conducting normal business operation, the legal person, unincorporated association or natural person shall be imposed with a fine in accordance with the respective provisions of each human trafficking crime. However, if the natural person, the representative of a legal person or the manager or representative of an unincorporated association has tried his/her best to prevent crimes from happening, he or she shall be exempted.
Article 41
Any natural person is convicted of human trafficking, or any legal person, unincorporated association or natural person is fined in accordance with the provisions of the preceding Article, within five years of the date of final and unappealable judgement entered, shall not be eligible for participating in tendering, being awarded or sub-contracting, or assisting tenderers in government procurement. This provision shall also apply to who commits human trafficking crime and has been convicted under final and unappealable judgment by a foreign court.
When a natural person, legal person or unincorporated association stated in the preceding paragraph participates in government procurement, the tender of such tenderer shall not be opened when such circumstance in the preceding Paragraph is found before tender opening, nor shall award the contract to such tenderer when such circumstance is found after tender opening. When any of the circumstances referred to in the fore part occurs to the winning tenderer before the award of contract but is found after award or signing of the contract, the provisions of Article 50 Paragraph 2 of the Government Procurement Act shall apply mutatis mutandis.
The names, offenses and other necessary information of those convicted in the paragraph 1 shall be published in the Government Procurement Gazette by the central competent authority.
Article 42
Any R.O.C. (Taiwan) vessel, aircraft or other means of transportation whose owner, operator, captain, pilot or driver has been engaged in the transportation of persons trafficked, may be subjected to a specific period of suspension, or revocation of its related licenses by the related competent authorities, and its captain, pilot, or driver may be subjected to the revocation of his/her professional licenses or qualifications.
Article 43
Anyone violating the provisions of paragraph 1 of Article 9 by failing to fulfill his/her duty to report without a justifiable reason shall be fined from NT$6,000 to NT$30,000.
Article 44
In case where the offense referred to in Articles 29 to 34 is committed outside the R.O.C. (Taiwan), this Act is applicable.